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Google deletes artist’s blog, a decade of his work

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Re: Google deletes artist’s blog, a decade of his work

#391
post #381

Earlier quoted context omitted.

>Google was quoted above as calling the service "A safe place for all your files", and deletion is clearly not "safe" Then most files aren't safe. A file on your computer isn't safe.

There is nothing that is perfectly safe, nor perfectly smooth, nor perfectly white, nor perfectly anything. That doesn't mean that words mean nothing, just because absolutes generally don't exist. In this case, a "reasonable person" (which is often the litmus test that courts use) might well think that "A safe place for all your files" means that Google will take reasonable precautions to keep your files safe, within…

>Unilaterally deleting things without notice and without recourse absolutely does not fit that sort of reasonable definition, although it may well be legal nonetheless for various reasons.

If it is a 1 in a million (or less) chance, then its safer than storing them on your own computer, which I think would fit the definition of safe. You're requiring that Google meet an extreme defintion of safety that is beyond what a reasonable person would expect (since a reasonable person woud likely not backup files, or back them up locally, both of which are less safe than google).

You're conflating control with safety. As in, you're committing the same fallacy that people who are afraid of flying on airplanes do. An airplane is safer than a vehicle. Drive is safer than a computer. People are afriad of airplanes not because it is more dangerous, but because they are sacrificing control.

>there still is no reason to accuse the OP of a strawman argument

I didn't. That was someone else, but I appreciate the downvote nonetheless.

Re: Google deletes artist’s blog, a decade of his work

#392
post #391

Earlier quoted context omitted.

There is nothing that is perfectly safe, nor perfectly smooth, nor perfectly white, nor perfectly anything. That doesn't mean that words mean nothing, just because absolutes generally don't exist. In this case, a "reasonable person" (which is often the litmus test that courts use) might well think that "A safe place for all your files" means that Google will take reasonable precautions to keep your files safe, within…

>Unilaterally deleting things without notice and without recourse absolutely does not fit that sort of reasonable definition, although it may well be legal nonetheless for various reasons. If it is a 1 in a million (or less) chance, then its safer than storing them on your own computer, which I think would fit the definition of safe. You're requiring that Google meet an extreme defintion of safety that is beyond what…

> I appreciate the downvote nonetheless.

You're too paranoid. I don't yet even have the ability to downvote people; my rating is too low.

> the same fallacy

Gee thanks. We're not just in disagreement, I'm the idiot who can't reason correctly.

I think your logic is unreasonable. I already said why; google isn't living up to what a hypothetical "reasonable person" would expect -- such a person wouldn't expect deletion with no recourse.

And if it happened to you, obviously you would change your attitude about what is and is not reasonable; no one wants their stuff deleted. So arguing about it seems possibly disingenuous, regardless of the fine details.

> You're requiring that Google meet an extreme defintion of safety that is beyond what a reasonable person would expect

Actively deleting files is included in the definition of "safety"? I think not.

However again, my main point isn't whether the above person is correct, it's that his point is reasonable enough that it is uncalled for to say he's arguing a strawman.

Re: Google deletes artist’s blog, a decade of his work

#393

Earlier quoted context omitted.

> Actually it kind of does -- saying one thing and doing > another is a deceptive business practice, and deceiving > consumers is generally frowned upon False advertisement isn't the question here -- nice strawman. Google specifically states they make no guarantees, so they're not "saying one thing and doing another." They're saying one thing and doing that thing. The parent mentioned that Google encouraged technolog…

It's rather unfair to accuse the other person of creating a strawman. Google was quoted above as calling the service "A safe place for all your files", and deletion is clearly not "safe", and there have been court decisions saying that fine print caveats cannot completely negate the clear English part of the advertising. Of course, there have been court decisions saying the opposite, too, but that's sufficient for th…

Right, but that's not what they were responding to. OP was trying to make it seem like Google acting hypocritically by allegedly helping foster an entitlement mentality was the same as false advertising.

Re: Google deletes artist’s blog, a decade of his work

#394

When my brother died in 2010, I posted to that effect on Facebook. Many friends (majority of them "real life," pre-Facebook/outside of Facebook friends) gave their condolences. Others called me. A few messaged me, etc. You get the picture. That correspondence was, and remains, important to me. Does Facebook own it? Can they delete it if they want to? Can they block me from accessing it? The answer, at least as far as…

If you want Gmail to act like a post office, treat it like one: fetch the emails on your computer, keep an archive. I pop my mail (pop(keep off)->spamassassin&clamav->maildirs, via procmail) and my archive is on my computer, so whatever service I use can't do anything with it. AFAIK there are software to fetch from IMAP too.

With Facebook, well, I guess you agree to them being able to delete your data at their will via the little box you tick on sign-up. And as long as you accept those terms, law won't help.

Re: Google deletes artist’s blog, a decade of his work

#395
post #252

Earlier quoted context omitted.

We do have a problem because Facebook and Gmail are huge, and because people are starting to assume the convenience and size of them somehow means Facebook and Gmail should be considered public services and regulated as such. While I see the same problem you do- that we're all at risk of losing the correspondence and history that we care about, man do I think your reaction is super weird. Facebook and Gmail are priva…

The utility of Facebook to me is exactly the same as that of the post office. The post office derives value from me by directly charging me for it. Facebook doesn't, but it's not because they asked and I said I won't and so they offered to offer me the utility anyway out of their benevolence. It's because they found a way to have advertisers pay for it on my behalf, in return for me looking at the advertisements of t…

> Facebook and Gmail are private websites. What is privacy we talk about? Ownership? Investment?

Yes. Ownership. Operational funding as well. Not paid for by tax dollars, but paid for with income from the products sold by the private company, as well as private investments.

> Suppose the government wanted to shut down Google and Facebook; would the public object? Of course they would.

That's speculative, but the government has shut down many private companies, with and without objection. Should public objection prevent the government from shutting down a private company that is breaking the law? If Google was selling your private email, should they be required to continue to do so, simply because a lot of people enjoy the convenience?

> My comment was in response to a story where Google has deactivated somebody's email address. Think about that for a minute... Should they be able to do that, just because Gmail is a "private website"? I don't think so.

Did you catch the part about the person who's email address that was shut down may have been violating child pornography laws? Not only can Google shut that down at will, they are literally compelled by law to turn it off immediately.

But even in general, Yes, I do think private companies can and should be able to discontinue their products at will, as do many, many people. I'm not hearing a compelling argument why they should be required to provide a public service without tax funding. You are suggesting a public service.

> The question then is, who owns "dwanjiru@gmail.com"?

Google does, plain and simple. If you have organized your life so that you depend on your gmail address, and loss of it would compromise your livelihood, I humbly suggest that we stop talking right now and you go make some backup plans.

> But me and Facebook, or me and Gmail, are in business as much as any other traditional, and protected business transaction, and I feel that my interests in that transaction should be protected too.

Facebook is making money by showing you ads. Their primary business transaction is with advertisers, not with you. They are selling your browsing habits and information about your social network to the advertisers, and that's how they make money. They protect their advertiser's interests first, your interests are only protected as far as it keeps you on the site looking at ads.

I'm not sure what you mean about protected business transactions, but your business transaction is already protected as far as it can be. The transaction is that Facebook delivers your message to your friends in return for your allowing them to tell advertisers about your behavior. That's what they agreed to do, that's what they did, and the transaction ends once they did what they agreed to do. Why are you expecting the government to extend the scope of the transaction beyond what the company promised?

> I'm asking that I be given an opportunity to keep my stuff if they're no longer willing to keep it on my behalf

You have that opportunity right now. Take care of it right now!

If they have to shut down your account for you violating the law, then they cannot legally offer you the option to download your content.

If they have to shut down because they run out of money, then they can't legally force employees to stay there and provide this service to you.

If they decide to shut down your account because the service is losing money, then leaving it on means losing more money. Why should they be required to pay to leave it on? Your dependence on the service and failure to plan doesn't, and shouldn't, bind them to anything.

> My argument is that the opportunity to save my stuff should be mine by right...

Still as wild an idea as before, and I just don't get where you're coming from, I'm sorry. I agree about the problem, but this proposed solution baffles me. I'm sure you're not the only one, and you're clearly a smart person, but I'm surprised that it feels correct to expect private companies to be legally obligated to fulfill your dependencies. I don't see how it's even possible to fulfill this right you propose.

Re: Google deletes artist’s blog, a decade of his work

#396
post #252

Earlier quoted context omitted.

We do have a problem because Facebook and Gmail are huge, and because people are starting to assume the convenience and size of them somehow means Facebook and Gmail should be considered public services and regulated as such. While I see the same problem you do- that we're all at risk of losing the correspondence and history that we care about, man do I think your reaction is super weird. Facebook and Gmail are priva…

The utility of Facebook to me is exactly the same as that of the post office. The post office derives value from me by directly charging me for it. Facebook doesn't, but it's not because they asked and I said I won't and so they offered to offer me the utility anyway out of their benevolence. It's because they found a way to have advertisers pay for it on my behalf, in return for me looking at the advertisements of t…

[deleted]

Re: Google deletes artist’s blog, a decade of his work

#397

Earlier quoted context omitted.

This statement has no relevance to the conversation -- it doesn't magically produce any obligation for Google to act differently than it does. It's true that no obligation is created under our current legal structure, but I think the statement still has relevance. Your stance reminds of me people that said, in the wake of the subprime mortgage crisis, "well those loans were legal and the people who defaulted were fre…

> It's true that no obligation is created under our > current legal structure, but I think the statement > still has relevance. Your stance reminds of me people > that said, in the wake of the subprime mortgage > crisis, "well those loans were legal and the people > who defaulted were free not to take them." Yes, that > is true, and we definitely would all be better off if > people took the accountability and persona…

While formally and legally you are correct, Money is data and data is money.

I believe that argument at hand is that massive digital services providers, by power of the market forces, had become just as essential part of our infrastructure as banks. Their behaviour has played a huge role in establishing this position and setting this expectation.

So, the philosophical question is whether Google, AWS, Facebook, et.al. are now "too big to fail" to be subjects of regulation due to their critical role in ensuring preservation and accessibility of human knowledge. They are already being regulated by tons of parties, domestic and foreign, to keep some (lots?) information inaccessible.

Re: Google deletes artist’s blog, a decade of his work

#398

Earlier quoted context omitted.

I think you have a fairly limited definition of pornography. Any kind of writing with a purely puerile sexual-intent, lacking in any redeeming scientific, cultural or educational merit, is considered pornographic. Considering the writing is pornographic... then the fact it used literally representing of people under the age of 18, would make it 'pornography involving children' or... as a short hand 'child pornography…

I'm arguing that Google likely does not have a legal requirement to do what they've done, which is opposite what the grandparent was arguing. I'm not arguing that they do or do not have the right to make their own decisions about the content, but the phrase "child pornography" has a very specific legal definition.

Ah, it may not be a legal requirement, but its against their terms of service. They're pretty clear with banning "textual content that depicts or encourages rape, incest, bestiality, or necrophilia."

As children (even depicted imaginary ones) can't give consent, its automatically rape material.

Re: Google deletes artist’s blog, a decade of his work

#399

Earlier quoted context omitted.

From the OP who said: > "I've read a few of Cooper's books and the short answer is yes, pedophilia is a common theme in his writing (as is incest and necrophilia)." Because of the words 'book' and 'writing', I have the impression that everything there is written text and no certainly no pictures. This puts it in a nebulous position, at least in the USA. Dunlop v. U.S., 165 U.S. 486 (1897), ended up ruling that text-o…

"Directly resulting in their harm" is an unenforceable standard, unless you are referring to hitting someone with a printed copy, which I suspect you are not.

An example of direct harm, would be an totally imaginary article that aims to humiliate or defame someone. It's not true; it's not real, but its directly aimed at destroying a persons reputation anyways.

This is something that current day harassment laws (and in some countries slander laws) already cover.

Re: Google deletes artist’s blog, a decade of his work

#400
post #305

Earlier quoted context omitted.

Meanwhile, on google.com, I can read excerpts of Lolita, by Nabokov: https://books.google.com/books/about/Lolita.html?id=TOQxAgAA...

To be fair, it would be very unreasonable for anyone to make the claim that Lolita is erotica. The Supreme Court define obscenity as being a work that was reasonably lude by the standards of the day, and lacked "serious literary, artistic, political, or scientific value." Lolita doesn't really fit this description due to its literary and artistic value. I haven't read the blog in question, but obviously issues like t…

Actually erotica is not automatically obscene. Lolita need not be non-erotic, to be non-obscene.
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